Any nonconforming use or structure legally existing at the time
of the adoption of this chapter may be continued, altered, reconstructed,
changed, sold, or maintained even though it does not conform to the
regulations of the district in which it is located, as provided below.
It is the intent of this chapter to permit these nonconformities to
continue until they are removed. The Codes Enforcement Officer may
identify and register the nonconforming uses and structures existing
as of the effective date of this chapter, in order to determine the
right to continue said use.
Repairs and structural alterations may be made to a nonconforming
building or a building occupied by a nonconforming use. If the building
is damaged by fire, flood, or other natural causes, it may be reconstructed,
restored, or used as before, provided that:
A.
Work shall commence within one year of the damage.
B.
Reconstruction shall not exceed the size, bulk, and area that existed
prior to the damage, unless approved by the Zoning Hearing Board.
C.
If the nonconformity is located within the one-hundred-year floodplain, new construction shall comply with all of the floodproofing requirements contained Chapter 218, Floodplain Management.
D.
If the nonconformity is located within the floodplain, reconstruction
may not cause any increase in elevation of the one-hundred-year flood.
If any nonconforming use or structure is abandoned for a period
of one year, the future use of such building or land shall be in conformity
with the district regulations.
Extension, alterations, and additions may be made to nonconforming
structures or uses, provided that they do not extend the use or structure
by more than 50% of the area occupied by such use at the effective
date of this chapter; the Zoning Hearing Board approves such proposed
expansion; and provided further that any extensions shall conform
to the regulations of the district in which it is situated and, in
the case of a nonconforming use, be immediately adjacent to the existing
nonconforming use.
A nonconforming structure which has been damaged or destroyed
by fire or other causes to an extent of not more than 75% of its market
value or a nonconforming structure which has been condemned may be
reconstructed, provided:
For nonconforming uses whose normal operations involve natural
expansion, expansion shall be permitted by right up to 50% of the
volume or area of the nonconformity. For expansion beyond 50%, a special
exception shall be required from the Zoning Hearing Board.
A nonconforming use of a building or land may be changed to
a nonconforming use of the same or a more restricted classification.
Whenever a nonconforming use of a building or land has been changed
to use of a more restricted classification or to a conforming use,
such use shall not thereafter be changed to a use of a less restricted
classification.
A.
Any nonconforming lot legally existing at the time of the adoption
of this chapter or which is created whenever a district is changed
by amendment hereafter may be continued and/or maintained even though
it does not conform to the regulations of the district in which it
is located. It is not the intent of this chapter to be overly restrictive
or to cause a hardship for any property owner, but rather to allow
these nonconforming lots to continue until they are eliminated as
single entities, possibly through the addition of such lots to adjacent
property.
B.
In the case of a lot of record which existed at the effective date
of this chapter which does not meet the minimum area requirements
for the district in which it is located, a permitted structure may
be placed on the parcel, provided that:
(1)
The owner does not own adjoining land which could be combined
to form a conforming lot.
(2)
Each side yard is not less than five feet when adjoining another
lot and 10 feet when adjacent to any street.
(3)
The rear yard is not less than 10 feet.
(4)
The front yard conforms to the minimum distance required.
(5)
The site and its intended use complies with all other applicable
provisions of this chapter.
If the Borough or county acquires title to any property by reason
of tax delinquency and such property is not redeemed and is sold as
provided by law, the future use of such property shall be in conformity
with all provisions of this chapter.
A.
Immediately after passage of this chapter or any amendment thereto,
the Codes Enforcement Officer may prepare a complete list of all nonconforming
uses existing at the time of the adoption of this chapter. The list
shall contain the names and addresses of the owner(s), any occupancy
other than the owner, and the nature and extent of the nonconforming
use.
B.
If a list of nonconforming uses is prepared, owners of lots occupied
by a nonconforming use shall secure a certificate of nonconformance
from the Codes Enforcement Officer. Such certificate ensures the owner
the right to continue the nonconforming use. Property owners may apply
to the Codes Enforcement Officer for certificates of nonconformance
within 90 days of passage of this chapter or of the amendment creating
the nonconformity.
C.
The list of nonconforming uses shall be filed with the Zoning Hearing
Board and in the Office of the Lycoming County Recorder of Deeds.
The list may be corrected yearly, as needed.
